(A) The Village Traffic Compliance Administrator or his designee is authorized to direct and supervise a program of vehicle immobilization for the purpose of enforcing the standing, parking, compliance, and automated traffic law ordinances of the Traffic Code. The program of vehicle immobilization shall provide for immobilizing any eligible vehicle located on the public way within the Village geographical boundaries or any Village-owned property by placement of a restraint in such a manner as to prevent its operation.
(B) (1) When the registered owner of a vehicle has accumulated 3 or more final determinations of standing, parking, compliance, or automated traffic law enforcement violation liability, in any combination, for which the fines and penalties, if applicable, have not been paid in full, or accrues 2 unpaid standing, parking, compliance, or automated traffic law enforcement violations liability, the Village Traffic Compliance Administrator shall cause a notice of impending vehicle immobilization to be sent, to the registered owner, in accordance with § 39.33(F). The notice of impending vehicle immobilization shall state the name and address of the registered owner, the state registration number of the vehicle or vehicles registered to such owner, the serial number of violation notices which have resulted in final determinations of liability for which fines and/or penalties remain unpaid, and that the motor vehicle is subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within, but not later than, 21 days of the date of notice. Furthermore, the notice shall state that a person may challenge the validity of the notice of impending vehicle immobilization by requesting a hearing and appearing in person to submit evidence which would conclusively disprove liability within 21 days of the date of the notice. Documentary evidence which would conclusively disprove liability shall be based on the following grounds:
(a) That all fines and penalties for the violations cited in the notice have been paid in full; or
(b) That the registered owner has not accumulated 3 or more final determinations of parking violation liability which were unpaid at the time the notice of impending vehicle immobilization was issued.
(2) If a registered owner has tickets listed in the seizure section of a notice, he or she must pay all fines and penalties within 21 days of the first seizure notice of such fines and penalties or any vehicle registered in his or her name may be booted. Payment for all required tickets is necessary or a registered owner’s vehicle(s) will remain boot eligible.
(C) Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous place. Such notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in its damage. The notice shall also state that the unauthorized removal of or damage to the immobilizing restraint is a violation of Illinois Criminal Code, §§ 16-1 and 21-1 (720 ILCS 5/16-1 and 21-1). The notice shall also provide information specifying how release of the immobilizing restraint may be had, and how the registered owner may obtain an immobilization hearing. If the restraint has not been released within 24 hours of its placement, the restraint shall be released and the vehicle towed and impounded.
(D) The owner of an immobilized vehicle or other authorized person may secure the release of the vehicle by paying the immobilization, towing and storage fees provided in division (G) of this section and all fines and penalties remaining due on each final determination of liability issued to such person.
(E) The owner of an immobilized vehicle shall have the right to a hearing to determine whether the immobilization or any subsequent towing was erroneous, if the owner files a written request for a hearing with the Village Traffic Compliance Administrator within 15 days after immobilization or 15 days of the date of the notice sent pursuant to division (F) of this section, whichever is later. Hearings requested pursuant to this section shall be conducted on any business day within 15 business days upon receipt of a written request for a hearing. The determination regarding the validity of the immobilization shall become final for the purpose of judicial review under the Administrative Review Law of Illinois upon issuance. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. A hearing provided by this section shall not determine the validity of or otherwise adjudicate any citation or notice of ordinance violation issued relative to the immobilized vehicle, but shall only relate to whether the vehicle was properly immobilized or towed.
(F) Within 10 days after an immobilized vehicle has been impounded, a notice of impoundment shall be sent by certified mail, return receipt requested, to the address of the registered owner as listed with the Secretary of State. The notice shall state that the owner has the right to request a post-immobilization and post-towing hearing as provided in division (E) of this section, and that if the vehicle is not claimed within 30 days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with Illinois Vehicle Code, 625 ILCS 5/4-208.
(G) The fine for immobilization shall be $60, and the fine for towing, subsequent to immobilization, shall be an amount not to exceed $500. The owner of the vehicle shall also be charged reasonable storage fees should the vehicle be removed to a private storage facility, provided that no fees shall be assessed for any immobilization or tow which has been determined to be erroneous.
(H) The Village Traffic Compliance Administrator shall appoint or retain the services of an individual agency or company to tow and impound vehicles in accordance herewith, provided that the individual, agency or company is fully insured and licensed according to local and state law and has available a secured impound area within which to retain vehicles impounded hereunder. For purposes of this section, a secured area shall mean an area bounded by a fence, chainlink or otherwise, of sufficient height and with locking gates so as to minimize or prevent unauthorized entry into the impounded vehicles.
(I) It shall be unlawful to remove or damage the immobilizing dev ice or to relocate or tow any vehicle restrained by an immobilization device without the prior approval of the Village Traffic Compliance Administrator. Any person who violates this section shall be subject to a penalty of $500 for such violation.
(Ord. 44, passed 10-21-2008; Am. Ord. CO-2018-39, passed 9-18-2018)